The executive departments and independent agencies

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Use this

   Cards A to D on how far a President may act without a statute (the excerpts are exact; card D is made up). Card A, "Article II". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to set up the presidency. Excerpt 1 (Section 1): "The executive Power shall be vested in a President of the United States of America." Excerpt 2 (Section 3): "he shall take Care that the Laws be faithfully executed" Card B, "Youngstown Sheet & Tube Co. v. Sawyer (1952), the Court's opinion". Who made it: Justice Hugo Black, for the Court. When: 1952. For whom: the parties, other courts and the public. Why: to decide whether the President could order the Secretary of Commerce to take over steel mills when a strike threatened. Excerpt 1: "The President's power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself." Excerpt 2: "In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker." Card C, "Justice Jackson, concurring (1952)". Who made it: Justice Robert Jackson, writing for himself. When: 1952. For whom: the parties, other courts and the public. Why: to set out how a President's power rises and falls with the will of Congress. Excerpt 1: "When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate." Excerpt 2: "When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain." Excerpt 3: "congressional inertia, indifference or quiescence may sometimes, at least as a practical matter, enable, if not invite, measures on independent presidential responsibility." Excerpt 4: "When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Card D, "Three made-up orders". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: A made-up Strike Safety Act lets the Secretary of Labor ask a court for an 80-day halt to a strike that threatens public safety. While the Act was written, Congress voted down a clause letting the President take over struck businesses. A rail strike now threatens a region, and the President orders the Secretary of Transportation to take over the rail yards. Case 2: Congress has passed no law on sharing river-flood data with other countries. The President orders the Secretary of State to sign an agreement with a neighboring country to swap flood data; some members object but pass nothing. Case 3: A made-up Emergency Plants Act lets the President take over a factory for up to 30 days when it is vital to a declared emergency. The President orders the Secretary of Commerce to hold one factory for 90 days.

2. 1.

   Zee places Case 1 on card D using cards B and C. Which reasoning is strongest?

   • Lowest ebb: Congress chose a court-ordered halt and refused seizure, so only Article II remains, and it makes no one a lawmaker
   • Maximum power: the Act already covers the strike, so the order carries the authority of Congress as well as the President's own
   • Twilight: the Act never forbids seizure in words, so Congress is silent and the order rests on events and on Article II alone
   • Valid: card A vests all executive power in the President, which reaches a takeover that protects a whole region
3. 2.

   Case 2 on card D has no law either way. Esme reads cards B and C together. Which statement fits best?

   • Twilight: with no grant or denial the President has only Article II to lean on, and Black's test needs the Constitution to give the power
   • Lowest ebb: Black requires an act of Congress, and none authorizes the agreement, so the President acts against Congress
   • Maximum power: Black says power may come from the Constitution itself, so Article II alone gives the order its greatest strength under card C
   • Valid: Jackson says congressional inertia can invite presidential action, so Congress's silence amounts to consent
4. 3.

   Case 3 on card D lets the President act for 30 days, but the order runs 90. Ren sorts the days using card C. Which account is strongest?

   • Days 1 to 30 draw on the Act's grant; days 31 to 90 run against its limit, so only Article II minus Congress's powers remains
   • All 90 days sit at maximum power, because the Act grants a takeover power and the President used it
   • Days 31 to 90 sit in the twilight zone, because the Act sets a limit but never forbids a longer takeover in words
   • All 90 days sit at the lowest ebb, because the order goes beyond what the Act allows and Congress's expressed will governs the whole period

5. Use this

   Cards A to E on who appoints and checks the officials who run agencies (the excerpts are exact; card E is made up). Card A, "Article II, Section 2". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to say who appoints officers of the United States. Excerpt: "he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States … but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Card B, "Edmond v. United States (1997)". Who made it: Justice Antonin Scalia, for the Court. When: 1997. For whom: the parties, other courts and the public. Why: to decide whether judges of the Coast Guard's criminal appeals court were inferior officers whom the Secretary of Transportation could appoint. Excerpt 1: "… whether one is an 'inferior' officer depends on whether he has a superior. It is not enough that other officers may be identified who formally maintain a higher rank, or possess responsibilities of a greater magnitude." Excerpt 2: "… 'inferior officers' are officers whose work is directed and supervised at some level by others who were appointed by presidential nomination with the advice and consent of the Senate." Excerpt 3: "What is significant is that the judges of the Court of Criminal Appeals have no power to render a final decision on behalf of the United States unless permitted to do so by other executive officers." Card C, "The Federal Communications Commission statute". Who made it: Congress. When: the Communications Act of 1934, as amended; in force today. For whom: the President, the Senate and the public. Why: to set up the Commission. Excerpt 1 (section 154(a)): "… shall be composed of five commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman." Excerpt 2 (section 154(b)(5)): "The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission." Excerpt 3 (section 154(c)(1)): "… shall be appointed for a term of 5 years" Card D, "The Pendleton Act (1883), Section 1". Who made it: Congress. When: January 16, 1883. For whom: the President, the Senate and federal job seekers. Why: to set up a Civil Service Commission to run hiring by examination. Excerpt: "… the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners … The President may remove any commissioner" Card E, "Two made-up bodies". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: A made-up law creates the Harbor Safety Board. It says the Secretary of Commerce alone appoints three hearing officers who decide fines of up to $200,000. Their decisions are final; neither the Board nor the Secretary may review or change them. Case 2: A made-up law creates the Pond Commission on terms like card C: five commissioners, a chair the President designates, five-year terms, and no more than three from one party. Terms end one a year, on June 30 of five straight years starting in year 1 of a President's first term, and every seat is now held by a member of the other party. The President takes office in January of year 1 and appoints each successor from the President's own party as seats open.

6. 4.

   Case 1 on card E: Pia asks whether the Secretary of Commerce alone may appoint the hearing officers. Using cards A and B, which reasoning is strongest?

   • Yes: card A lets Congress place appointment of officers in the Heads of Departments, and Commerce is a department that the Board answers to
   • Yes: the Board sits above them, and card B treats an officer with a higher body nearby as inferior
   • No: any officer who can fine anyone up to $200,000 must be nominated by the President, whatever review exists
   • No: their fines are final and unreviewed, so they have no superior and look like principal officers who need Senate consent

7. Use this

   Cards A to E on how much lawmaking Congress may hand to an agency (the excerpts are exact; card E is made up). Card A, "Article I, Section 1". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to say who holds the lawmaking power. Excerpt: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Card B, "J. W. Hampton, Jr. & Co. v. United States (1928)". Who made it: Chief Justice William Howard Taft, for the Court. When: 1928. For whom: the parties, other courts and the public. Why: to decide whether Congress could let the President adjust tariff rates to match costs at home and abroad. Excerpt: "If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legislative power." Card C, "Whitman v. American Trucking Associations (2001)". Who made it: Justice Antonin Scalia, for the Court. When: 2001. For whom: the parties, other courts and the public. Why: to decide whether the Clean Air Act gave the EPA too much lawmaking power. Excerpt 1: "This text permits no delegation of those powers, … and so we repeatedly have said that when Congress confers decisionmaking authority upon agencies Congress must 'lay down by legislative act an intelligible principle to which the person or body authorized to [act] is directed to conform.'" Excerpt 2: "we have 'almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.'" Excerpt 3: "It is true enough that the degree of agency discretion that is acceptable varies according to the scope of the power congressionally conferred." Excerpt 4: "We have never suggested that an agency can cure an unlawful delegation of legislative power by adopting in its discretion a limiting construction of the statute." Card D, "The Clean Air Act, section 109(b)(1)". Who made it: Congress. When: in force today. For whom: the EPA and the public. Why: to say how national air standards are set. Excerpt: "ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health" Card E, "Two made-up laws". Who made it: written for this sheet. Summary in our words, not a quotation: Law 1: A made-up Fair Trade Act lets the Secretary of Commerce set the tax on any import "as the Secretary sees fit." Law 2: A made-up Small Farm Act exempts "small farms" from a new reporting rule and leaves the Secretary of Agriculture to say how many acres make a farm small.

8. 5.

   Law 1 on card E lets the Secretary set import taxes "as the Secretary sees fit." Milo applies cards B and C. Which reasoning is strongest?

   • Likely invalid: it gives no principle to follow, so the Secretary would make policy that card A puts only in Congress's hands
   • Invalid: card A bars every delegation, so even a law that states a principle fails when an official sets the rate
   • Valid: card B upheld a tariff delegation, so Congress may let any official set import taxes once it names the official in the law
   • Valid: card C says courts almost never second-guess Congress, so any grant of wide discretion passes
9. 6.

   Law 2 on card E leaves the size of a "small farm" to the Secretary. Ari applies card C to this detail. Which statement is strongest?

   • Probably valid: acceptable discretion varies with the power's scope, and a detail like this needs only a little guidance
   • Valid: the Secretary can cure any gap by announcing a narrow acreage after the fact, which makes the delegation lawful afterward
   • Invalid: card B demands an intelligible principle in every grant, and the law states no standard for "small"
   • Invalid: the smaller the detail, the more guidance Congress must give before an official may fill it in
10. 7.

    Card D has the Clean Air Act leave standards to the Administrator. Luz tests the claim "the Administrator, not Congress, decides how clean the air must be." Which reply is strongest?

    • Wrong: Congress fixed the aim in the Act, so the Administrator only applies a finished policy and sets nothing
    • Half right: the Administrator picks the level, but only within the aim Congress fixed, public health with a safety margin
    • Right, and invalid: choosing the level is lawmaking, and card A lets no one but Congress make law, whatever guidance it adds
    • Right, and harmless: card C says discretion varies with scope, so a national standard needs no guidance at all from Congress

11. Use this

    Cards A to E on who really makes the rules (the excerpts are exact; card D is data; card E is made up). Card A, "Article I, Section 7". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to say how a bill becomes law. Excerpt 1: "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States" Excerpt 2: "If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law." Card B, "The Administrative Procedure Act, section 553". Who made it: Congress. When: 1946, in force today. For whom: agencies and the public. Why: to say how agencies make rules. Excerpt 1 (subsection (b)): "General notice of proposed rule making shall be published in the Federal Register" Excerpt 2 (subsection (b)): "reference to the legal authority under which the rule is proposed" Excerpt 3 (subsection (c)): "After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose." Card C, "The Congressional Review Act, section 801(b)". Who made it: Congress. When: 1996, in force today. For whom: agencies and the public. Why: to let Congress undo some agency rules. Excerpt 1: "A rule shall not take effect (or continue), if the Congress enacts a joint resolution of disapproval, described under section 802, of the rule." Excerpt 2: "A rule that does not take effect (or does not continue) under paragraph (1) may not be reissued in substantially the same form" Card D, "Public laws and Federal Register rules, by two-year Congress". Who made it: Congress (public laws) and the Office of the Federal Register (rules). When: counted November 2026. For whom: students of government. Why: to compare how many laws and how many rules appear. Data and note: The Federal Register tally counts every document it files as a Rule, including routine rules and corrections; it does not weigh importance. 111th Congress (2009-2010): 383 public laws, 7,032 rule documents. 113th (2013-2014): 296 public laws, 7,201 rule documents. 115th (2017-2018): 442 public laws, 6,649 rule documents. 117th (2021-2022): 362 public laws, 6,425 rule documents. Card E, "Rule R and the Dock Fee Board". Who made it: written for this sheet. Summary in our words, not a quotation: Rule R: A made-up Department of Transportation issues Rule R. Both houses pass a resolution disapproving it under card C, 51 to 49 in the Senate and 230 to 205 in the House. The President, who backs the rule, vetoes the resolution. The Dock Fee Board: This made-up board proposes a $40 per foot fee for large docks in a notice in the Federal Register. It receives 12,000 comments, 10,400 against the fee. Its final rule sets the fee at $30 and states its basis and purpose.

12. 8.

    Kira writes: "In 2013-2014 agencies made about 24 times as many rules as Congress made laws." Using cards B and D, which verdict is best?

    • Unsupported: the two counts cover different things, so no comparison of rules and laws can say anything about who makes policy
    • Reversed: rule documents fell from 7,201 to 6,425 while laws rose from 296 to 362, so Congress is taking back control
    • Supported: 7,201 divided by 296 is about 24, so agencies now make far more law than Congress does
    • True as a count, weak as a measure: the tally includes routine rules, and each proposed rule must cite its legal authority
13. 9.

    Both houses disapprove Rule R on card E. Bo reads cards A and C. Who holds the leverage over whether Rule R stands, and why?

    • The agency: card C lets the Department simply reissue Rule R in the same form, so a disapproval never matters
    • Congress: card C lets a joint resolution void the rule, and a majority in each house has already voted in favor of the resolution
    • The Senate: its narrow 51 to 49 vote shows the House could not override the veto without help from the Senate side
    • The President: the resolution is vetoed, and only a two-thirds vote in each house could override, which neither house has
14. 10.

    Jun claims the 12,000 comments forced the Dock Fee Board to cut its fee. Using card B, which verdict does the evidence support best?

    • Weakly supported: card B requires only that comments be considered and a basis stated, so other causes may explain the cut
    • Shown: 10,400 of 12,000 commenters opposed the fee, and under card B a fee that most commenters oppose must be lowered
    • Refuted: card B asks only for a statement of basis and purpose, so comments can never change a rule or its final fee
    • Shown: the fee fell from $40 to $30 right after the comments came in, so the comments must have caused the cut